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The Business Improvement Districts (Wales) Regulations 2005

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Proxy voting

5.—(1) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another in a ballot and may vote in pursuance of the appointment.

(2) The person entitled to vote cannot have more than one person at a time appointed as proxy to vote for him or her in a ballot.

(3) Where the person entitled to vote applies to the ballot holder for the appointment of a proxy to vote for him or her in a particular ballot, the ballot holder must make the appointment if the application meets the requirements of this paragraph and that the proxy is capable of being, and willing to be, appointed.

(4) An application for the appointment of a proxy must —

(a)state the full name and address of the person whom the person entitled to vote (the applicant) wishes to appoint as his or her proxy;

(b)state the address of the applicant’s hereditament;

(c)be signed by the applicant; and

(d)contain a statement that he or she has consulted the proxy so named and that that person is capable of being and willing to be appointed.

(5) An application to appoint a proxy must be refused for the purposes of a particular ballot if it is received by the ballot holder after 5p.m. on the tenth day before the day of the ballot.

(6) Where the ballot holder grants an application for the appointment of a proxy, the ballot holder must —

(a)confirm by notice in writing to the person entitled to vote that the proxy has been appointed, their name and their address; and

(b)include the proxy’s details on the list referred to in paragraph 3(b).

(7) Where the ballot holder refuses an application to appoint a proxy, the ballot holder must notify the applicant in writing of his or her decision and of the reason for it.

(8) Subject to sub-paragraph (9), the appointment shall remain in force for that ballot only.

(9) The appointment may be cancelled by the person entitled to vote giving notice to the ballot holder or by the proxy giving notice to the ballot holder that they no longer wish to act as proxy.

(10) A notice under sub-paragraph (9) by a person entitled to vote cancelling a proxy’s appointment must be disregarded for the purposes of a ballot if it is received by the ballot holder after 5p.m. on the fifth day before the date of the poll at that ballot.

(11) Where the appointment of a proxy is cancelled under sub-paragraph (9), the ballot holder must —

(a)notify the person entitled to vote in writing that the appointment has been cancelled;

(b)notify the person whose appointment as proxy has been cancelled in writing, unless the ballot holder has previously been notified by that person that he or she no longer wishes to act as proxy; and

(c)remove the name of the proxy from the record kept under paragraph 3(b).

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